Terms and Conditions of Use and Sale 

These Terms and Conditions of Sale and Use govern the services being offered under the name “1:1 Intensive Coaching Session” (herein called the “Product”) on the website https://www.dianthaboardman.com (the “Website”), which is operated by Diantha Boardman (the “Coach”) d/b/a DB Coaching LLC (collectively called the “Company”, “we” or “us”). 

By paying for the Product on or through the Website or the Company’s customer relationship management software (the “CRM Software”), you irrevocably agree to enter into these Terms and Conditions of Sale and Use (the “Terms of Sale”) with the Company, and the Terms of Sale automatically become a binding contract between you and the Company, and applies to your purchase of and participation in the Product. 

The Terms “you” or “your” refer to the purchaser of the Product. By paying for such Product, you agree to the Terms of Sale, without modification, and acknowledge reading them. All information, tools, services, and other information available to you from the Company in relation to your purchase of any such Product (whether obtained or distributed via the Website, via email from the Company, on the CRM, or otherwise) are conditioned upon and subject to your acceptance of the Terms of Sale. 

Use of the Website and Product; No Warranty 

To purchase and use any Product provided by the Company, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms of Sale. The Product is intended solely for users who are 18 years of age and older. Children under the age of 18 are prohibited from purchasing and using the Product. Any purchase of, use of or access to the Product by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms. 

We make no representation or warranty that the information provided on the Website or within the Product (including any Content or other materials provided as part of the Product), regardless of its source and whether or not provided from or on the Website, within an email from the Company, within any membership site or CRM relating to the Product or any other source, is accurate, complete, reliable, current, or error-free. The Content is provided for information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. The Company hereby disclaims all liability for any inaccuracy, error, or incompleteness in the Content. Any reliance on the Content is at your own risk. 

You hereby agree that your use of the Product, any Content, the Website, the CRM, or any members-only site relating to the Product will be for legitimate, lawful, non-commercial purposes only and that you will not violate any laws in your jurisdiction (including, without limitation, any trademark laws or copyright laws). You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any Content without express written permission by us.

You hereby agree not to transmit to the Company (or any third party service used by the Company) any worms or viruses or any code of a destructive nature. You hereby agree not to post or transmit through the Website, the CRM, or within any Facebook group relating to the Product or the Company any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. 

We endeavour to describe and display all programs, courses and other services as accurately as possible. While we try to be as clear as possible in explaining our offerings, please do not accept that the Website is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions of the Product. We reserve the right to refuse or cancel any order with an incorrect price listing. We reserve the right to limit the quantities of the products and services that we offer. Any offer for any Product or other service is void where prohibited. 

We do not represent or warrant that the quality of the Product or the Content will meet your expectations, or that any errors therein will be corrected. COMPANY MAKES NO WARRANTY OF ANY KIND REGARDING THE PRODUCT AND/OR ANY CONTENT, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “WHERE IS” BASIS. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE PRODUCT OR CONTENT AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Each person assumes full responsibility and all risks arising from use of the Product and the Content. 

Client Expectations; Waiver of Claims 

The Product, including any written materials, reports, questionnaires, assessments, workbooks, e-books, videos, e-mails, or other information or communication containing or otherwise relating to the Product that is sent to, available to, or received by you because of your purchase of the Product (collectively, the “Content”), is for informational and educational purposes only and is not to be perceived or relied upon in any way as psychological, business, financial or legal advice. 

You hereby agree that the relationship between you and the Coach is in no way to be construed as psychological counseling or any type of therapy and acknowledge and agree that the Coach is not a counselor or therapist. If you feel the need for professional counseling or therapy it is your sole responsibility to seek a licensed professional. 

You further hereby acknowledge and agree that the relationship between you and the Coach is in no way to be construed as a business consultancy, and the information provided within the Product and the Content is not intended to be a substitute for professional advice that can be provided by your own therapist, lawyer, or financial advisor. The Company is not giving psychological, financial or legal advice in any way. 

You agree that the Company is not responsible for your health, your happiness, your earnings, the success or failure of your business and/or personal decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have because of information presented to you through the Product or the Content. You are solely responsible for your results. 

You acknowledge that we have not and do not make any representations as to your physical or mental health, or of any physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived because of your use of the Product or the Content. The Company cannot and does not in any way guarantee that you will attain a particular result, positive or negative, through the use of the Product or the Content and you accept and understand that results differ for each individual. 

You agree that you are using your own judgment in using the Product and the Content and that you are doing so at your own risk. Results are not guaranteed. The Product and the Content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of the Product and/or any of the Content. The Company expressly disclaims responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through the use of the Product and/or the Content. 

To the fullest extent permitted by law, the Company hereby expressly excludes any liability for any direct, indirect, special or consequential loss or damage incurred by you or others in connection with the Product and/or any Content, IN EACH CASE, REGARDLESS OF WHETHER CAUSED BY NEGLIGENCE OF THE COMPANY, breach of contract or otherwise, and even if foreseeable, including without limitation any liability for: (i) any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information; (ii) physical or mental disease, condition or issue; (iii) physical, mental, emotional, or spiritual injury or harm; (iv) loss of income or revenue; (v) loss of business; (vi) loss of profits or contracts, anticipated savings; (vii) loss of data; or (viii) loss of goodwill, wasted time and for any other loss or damage of any kind. 

Through your purchase of the Product, you specifically acknowledge and agree that the Company is not liable for any defamatory, offensive or illegal conduct of any Product participant or user, including you. 

YOU HEREBY WAIVE ANY CLAIM AGAINST THE COMPANY RESULTING FROM (I) ANY ACTION TAKEN BY YOU BASED ON ANY ADVICE OR PERCEIVED ADVICE MADE BY THE COMPANY, (II) ANY DECISIONS MADE AS A RESULT OF COACHING RECEIVED FROM THE COMPANY, AND/OR (III) ANY INFORMATION WITHIN THE PRODUCT AND/OR ANY CONTENT OR BASED ON ANY OPINION, SUGGESTION OR PERCEIVED ADVICE CONTAINED WITHIN THE PRODUCT OR ANY CONTENT. 

Payment Terms and Scheduling 

You authorize the Company to charge your credit card or debit card (through PayPal, Stripe, Square or such other provider as then used by the Company). Payment is due in full prior to your receiving the Product or any services relating to the Product. 

You are responsible for full payment for the Product, regardless of (a) whether you complete such program, course or other service, or (b) circumstance. If you fail to make payment in accordance with these Terms of Sale, or withdraw from the Product, you will remain fully responsible for payment in full for the Product. There are NO REFUNDS once payment is made for the Product.

Once you have paid for the Product, it is up to you to schedule your coaching session(s) with the Company. Should you have any trouble using the Company’s scheduling system, please reach out to Diantha Boardman at: diantha@dianthaboardman.com to schedule your session(s). Should you cancel your initial session, you must reschedule it within 60 days of your original booking or risk forfeiture of your session. 

We reserve the right to report you to all three credit reporting agencies for delinquent payments and reserve the right to seek delinquent payments from you through a collections agency. 

All information obtained during your purchase of the Product and information that you give as part of such a transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by us, the merchant, and our payment processing company. Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, upon purchase of the Product, you may be subject to the additional terms and conditions of a payment processing company or merchant that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. 

You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase of the Product. 

As set forth in these Terms of Sale, the Company is clear about it’s no refund policy for the Product. Accordingly, the Company does not tolerate any chargeback threats or accept chargebacks from your credit card company. If you place a chargeback on your purchase of the Product, or you threaten us with a chargeback, we reserve the right to notify all three credit reporting agencies and any other entity of such incident for listing as a delinquent account or inclusion in any chargeback database, such notification to include your name, email address, billing address, order date of the Product and amount of the Product. Please note that any such reporting could have a negative impact on your credit report score. 

Account Creation 

In order to participate in the Product you purchased, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to the Company will be accurate, correct, and up to date. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration date, so that we can complete your transaction and bill for services being provided to you, and contact you as needed. 

You agree not to impersonate someone else or provide account information or an email address other than your own. You agree that your account will not be used for any illegal or unauthorized purpose. 

You hereby agree that, as a client of DB Coaching LLC, you are joining the Company’s newsletter and, in addition to receiving the weekly newsletter, hereby additionally consent to receiving emails relating to articles, free resources, services, and promotions from time to time. 

Privacy and Confidential Information 

We respect your privacy and refer to our Privacy Policy, which is found at https://www.dianthaboardman.com/privacy-policy, the terms of which are incorporated herein. You hereby consent to the use of any information submitted to the Company by you in accordance with the terms of the Privacy Policy. 

You hereby agree (1) not to infringe upon the Company’s copyright, patent, trademark, trade secret or other intellectual property rights, (2) that any Content is confidential and proprietary (the “Confidential Information”), and belongs solely and exclusively to the Company, (3) you agree not to disclose any Confidential Information to any other person or use it in any manner. By paying for the Product, you further agree that (a) all Confidential Information and other materials and information provided to you by the Company is the Company’s confidential and proprietary intellectual property, belonging solely and exclusively to the Company and may only be used by you as authorized by the Company, and (b) the reproduction, distribution and sales of these materials by anyone but the Company is strictly prohibited. Further, you agree that, if you violate, or display any likelihood or violating, any of your agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations. 

Submissions 

Submissions (the “Submissions”) means all comments, feedback, suggestions, testimonials, evaluations, and/or photos, and includes your name with such information, that you submit to the Company regarding the Product and/or any Content. The Submissions will not be confidential and will become the property of Company upon submission to Company. By providing any such Submissions, you agree to assign to the Company, at no charge and without any monetary consideration, all worldwide rights, title, and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to the Company will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Company, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality, and copyright. Company does not prescreen or monitor any Submissions as a matter of policy. Company shall be free to reproduce, publish, or otherwise use any Submissions for any purposes whatsoever including, without limitation, the research, development, manufacture, marketing, use, or sale of products incorporating such information. 

Intellectual Property 

We claim no intellectual property rights over the material you supply to us or, other than with respect to Submissions. You retain copyright and any other rights you may rightfully hold in any content that you submit to us (other than with respect to Submissions). Content you submit to us, other than Submissions, remains yours to the extent that you have any legal claims therein. You agree to hold the Company harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. 

Unless otherwise expressly noted, the Product, the Content, the Website and all other information or materials available on or through the Website and the CRM are the property solely owned by the Company and/or our affiliates or licensors and it is protected by copyright, trademark, and other intellectual property laws. 

We hereby grant to you a revocable, non-transferable limited license to enjoy the Product and the Content only for your own personal use. This license is limited to you only. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, duplicate, copy, reproduce, or perform, or in any way exploit in any format whatsoever the Product or any of the Content, in whole or in part, without our prior written consent. You may not in any way at any time use, copy, adapt, imply or represent that the Product or any Content is yours or created by you. By purchasing, downloading, printing, or otherwise using the Product and/or any Content for your personal use, you in no way assume any ownership rights of the Product or the Content. The Product and the Content shall at all times be the property of the Company. You understand that doing anything with the Product or the Content that is contrary to these Terms and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute you for such theft to the full extent of the law. We further reserve the right to immediately remove you from the Product and any and all other programs, courses and other services offered by the Company, without refund, if you are caught violating these Terms. Nothing herein or contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Product, the Content or Intellectual Property without the written permission of the Company. 

Through your purchase of the Product, you are acknowledging that the Product and the Content have been developed or obtained by us through the investment of significant time, effort, and expense, and that the Product and the Content are valuable, special and unique assets of ours which need to be protected from improper and unauthorized use. You may not use the Product or any Content in a manner that constitutes an infringement of our rights or that has not been authorized by us. 

Limitation of Liability 

COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT, MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THE WEBSITE, THE CRM, OR SENT TO YOU VIA EMAIL RELATING TO THE PRODUCT. IN NO EVENT SHALL COMPANY OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH: (I) ANY CONTENT FOUND WITHIN THE PRODUCT OR SENT TO YOU VIA EMAIL AS A RESULT OF PURCHASING THE PRODUCT; (II) ANY FAILURE OR DELAY; OR (III) THE PERFORMANCE OR NON PERFORMANCE BY COMPANY OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO YOU OR ANY OTHER PARTY, AND YOU HEREBY RELEASE US FROM ANY AND ALL SUCH CLAIMS. 

Third Party Links and Resources 

The Product and Content may contain links to third party websites, tools and resources. You acknowledge and agree that we provide access to such resources, links and tools on an “as is” and “whereas” basis without any warranties, representations or conditions of any kind and without any endorsement. You further acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites, tools or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company and you acknowledge sole responsibility

for and assume all risk arising from your use of any such websites or resources. Any use by you of tools and resources offered through such third party websites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the tools and resources are provided by the relevant third-party providers. 

Prohibited Uses 

In addition to the other prohibitions as set forth in the Terms of Sale, you are prohibited from using the Product or the Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, or local rules, regulations, laws or ordinances; (d) to infringe upon or violate the Intellectual Property; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, any other membership sites or other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website, any membership sites, related website, other websites, or the Internet. We reserve the right to terminate your use of the Product and the Website for violating any of the prohibited uses. 

Indemnification 

You shall defend, indemnify and hold harmless the Company and the Company’s affiliates, officers, directors, shareholders, members, employees, partners, agents, contractors, representatives, licensees, successors and assigns, from and against any and all losses, damages, settlements, liabilities, claims, causes of action, costs, charges, assessments, and expenses, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms, or any use by you of the Website, the Content and the Product. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent. 

Effect of Headings; Severability 

The subject headings of the paragraphs and subparagraphs of the Terms of Sale are included for convenience only and shall not affect the construction or interpretation of any of its provisions. In the event that any provision of these Terms of Sale is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms of Sale. Any such determination shall not affect the validity and enforceability of any other remaining provisions of the Terms of Sale. 

Entire Agreement; Waiver 

The Terms of Sale constitute the entire agreement between you and us pertaining to the Product and Content and supersedes all prior and contemporaneous agreements, representations, and understandings between us in respect of the Product and Content. No waiver of any of the provisions of the Terms of Sale by the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company. 

Notices 

All notices, requests, demands, and other communications shall be in writing and sent via email to: diantha@dianthaboardman.com. 

Termination 

The Terms are effective unless and until terminated by us. If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of the Terms, we may terminate or refuse your access to the Website, the Content or any Products, in full or in part at any time without notice. The restrictions imposed on you pursuant to the Terms will remain in effect after any such cancellation or termination. 

Governing Law; Venue 

The Terms of Sale shall be governed by the laws of the State of Louisiana, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in New Orleans, Louisiana, United States of America, in all questions and controversies arising out of your use of the Website, the Content or any programs, courses or other services of the Company. 

Relationship 

Your use of the Product and Content is independent of Company and not as an employee, agent, partner, or joint venture with Company for any purpose. 

Assignment 

The Terms of Sale bind and insure to the benefit of the parties’ successors and assigns. The Terms of Sale are not assignable, delegable, sublicensable, or otherwise

transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid. 

BY PAYING FOR ANY PRODUCT, EITHER IN PARTIAL OR IN FULL, YOU AGREE TO THE TERMS ABOVE. 

Effective as of January 1, 2023.